The Colorado Supreme Court In Denver

The Ralph L. Carr Colorado Judicial Center in downtown Denver, home of the Colorado Supreme Court.

The plaintiffs in a Colorado eminent domain case are asking the U.S. Supreme Court to weigh in.

Colorado’s Supreme Court in June ruled in Woodcrest Homes, Inc. v. Carousel Farms Metropolitan District that a developer was allowed to use eminent domain to create a special municipal district in Parker, condemn another company’s undeveloped land, and ultimately seize the property.

“This court should take this opportunity to clarify the meaning of ‘public use,’ ensure a consistent application of the Takings Clause nationwide, and, in so doing, resolve a serious and important constitutional conflict for the bench and bar,” said the filing from the Virginia-based Institute for Justice.

Woodcrest Homes, the plaintiff, alleged a violation of their Fifth Amendment rights.

Colorado’s high court said that the land would be used for utilities and public rights of way. 

“Takings that essentially benefit the public will survive constitutional scrutiny, even if, at the time of the taking, there is an incidental private benefit,” the court wrote.

Woodcrest’s lawyers countered that the taking was an “old-fashioned land grab,” according to The Center Square.

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